Schwarz v. Stein
Court of Appeals of Maryland
*Appeal from the Circuit Court of Baltimore City. . On the 24th of July, 1865, Catherine Stein, (the appellee,) executed to 'Charles Henkel a deed of certain real estate in Baltimore, for the consideration therein expressed, of $2,075. On the same day Henkel mortgaged the same property to the East Baltimore Mechanics’ Building Association No. 5, for the sum of $2,250. Of the money procured by him'from the association upon this mortgage, $1,690, was paid through the…
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*Appeal from the Circuit Court of Baltimore City. . On the 24th of July, 1865, Catherine Stein, (the appellee,) executed to 'Charles Henkel a deed of certain real estate in Baltimore, for the consideration therein expressed, of $2,075. On the same day Henkel mortgaged the same property to the East Baltimore Mechanics’ Building Association No. 5, for the sum of $2,250. Of the money procured by him'from the association upon this mortgage, $1,690, was paid through the appellant, John Schwarz, (who at that time was the president of the association,) to Mrs. Stein, and she upon the receipt…
1Opinion of the CourtAlvey, J.
The question here is, does the vendor’s lien exist for the balance of the purchase money remaining due from Henkel to Mrs. Stein, as against the mortgage and attaching creditor of Henkel, now claiming the fund in court..
Generally, the vendor of real estate has a lien on the property sold, to secure the payment of the purchase money. If the vendor delivers possession of the estate to the vendee, before all the purchase money is paid, equity recognizes and enforces a lien on the land as a security for such unpaid purchase money ; and this is so whether the legal estate be or be not conveyed.…
2Cases cited1 opinion
- Magruder v. PeterCourt of Appeals of Maryland · 1840
3Cited by8 opinions
- Hooper v. Central Trust Co.Court of Appeals of Maryland · 1895
- McGonigal v. PlummerCourt of Appeals of Maryland · 1869
- Walsh v. McBrideCourt of Appeals of Maryland · 1890
- Dance v. DanceCourt of Appeals of Maryland · 1881
- Carrico v. Farmers & Merchants' National BankCourt of Appeals of Maryland · 1870
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